Paul Stalbert, December 13, 1996

THEODORE R. KULONGOSKI
ATTORNEY GENERAL
Paul Stalhert
SID 5116728
Oregon State Penitentiary
2605 State Street
Salem, OR 97310
DEPARTMENT OF JUSTICE
1162 Court Street NE
Justice Building
Salem, Oregon 97310
Telephone: (503) 378-4400
TDD: (503) 378-5938
December 13, 1996
Re: Petition for Public Records Disclosure Order:
Multnomah County Trial Court Records
Dear Mr. Stalhert:
THOMAS A. BALMER
DEPlITY ATTORNEY GENERAL
This is the Attorney General's order on your petition for disclosure of records under
the Oregon Public Records Law, ORS 192.410 to 192.505. Your petition, which we
received on December 5, 1996, asks the Attorney General to direct the Multnomah County
Courts to make available for inspection or copying trial transcripts or other records of a
court proceeding held on January 10, 1995 before Judge Ellis, Circuit Court Judge of
Multnomah County. For the reasons that follow, we respectfully deny your petition. 11
ORS 192.480 provides:
In any case in which a person is denied the right to inspect or to receive a
copy of a public record in the custody of an elected official, or in the custody
of any other person but as to which an elected official claims the right to
withhold disclosure, no petition to require disclosure may be filed with the
Attorney General or district attorney, or if a petition is filed it shall not be
11 The caption of your petition also identified the State of Oregon Employment Division
(now the Oregon Employment Department) as another agency that may have denied your
request to inspect or copy a public record. Your petition does not describe any Employment
Department record that you have asked to review, and does not say whether any such request
has been denied by an official of the Employment Department. We did receive a separate
petition from you regarding Employment Department records and have issued a separate
order in response to that petition.
Paul Stalhert
Page 2
December 13, 1996
considered by the Attorney General or district attorney after a claim of right to
withhold disclosure by an elected official. In such case a person denied a right to
inspect or to receive a copy of a public record may institute proceedings for injunctive
or declaratory relief in the appropriate circuit court * * *.
You stated in your petition that your request to inspect or copy these records was
denied by Judge Ellis on January 10, 1995. Therefore, the requested record is one for which
an elected official (Judge Ellis) has claimed the right to withhold disclosure. Under this
circumstance, the Attorney General may not issue an order requiring disclosure. ORS
192.480. Any further proceedings must be undertaken as described in ORS 192.480 and
192.490. Accordingly, we respectfully deny your petition.
TAB:jpl/JAA02189.W51
c: Hon. James R. Ellis
Circuit Court Judge
606 Multnomah County Courthouse
1021 SW 4th Ave.
Portland, OR 97204
Bradd Swank
Management/Legal Analyst
State Court Administrator's office
Supreme Court Building
Salem, OR 97310
Sincerely,
THOMAS A. BALMER
Deputy Attorney General

Click tabs to swap between content that is broken into logical sections.

THEODORE R. KULONGOSKI
ATTORNEY GENERAL
Paul Stalhert
SID 5116728
Oregon State Penitentiary
2605 State Street
Salem, OR 97310
DEPARTMENT OF JUSTICE
1162 Court Street NE
Justice Building
Salem, Oregon 97310
Telephone: (503) 378-4400
TDD: (503) 378-5938
December 13, 1996
Re: Petition for Public Records Disclosure Order:
Multnomah County Trial Court Records
Dear Mr. Stalhert:
THOMAS A. BALMER
DEPlITY ATTORNEY GENERAL
This is the Attorney General's order on your petition for disclosure of records under
the Oregon Public Records Law, ORS 192.410 to 192.505. Your petition, which we
received on December 5, 1996, asks the Attorney General to direct the Multnomah County
Courts to make available for inspection or copying trial transcripts or other records of a
court proceeding held on January 10, 1995 before Judge Ellis, Circuit Court Judge of
Multnomah County. For the reasons that follow, we respectfully deny your petition. 11
ORS 192.480 provides:
In any case in which a person is denied the right to inspect or to receive a
copy of a public record in the custody of an elected official, or in the custody
of any other person but as to which an elected official claims the right to
withhold disclosure, no petition to require disclosure may be filed with the
Attorney General or district attorney, or if a petition is filed it shall not be
11 The caption of your petition also identified the State of Oregon Employment Division
(now the Oregon Employment Department) as another agency that may have denied your
request to inspect or copy a public record. Your petition does not describe any Employment
Department record that you have asked to review, and does not say whether any such request
has been denied by an official of the Employment Department. We did receive a separate
petition from you regarding Employment Department records and have issued a separate
order in response to that petition.
Paul Stalhert
Page 2
December 13, 1996
considered by the Attorney General or district attorney after a claim of right to
withhold disclosure by an elected official. In such case a person denied a right to
inspect or to receive a copy of a public record may institute proceedings for injunctive
or declaratory relief in the appropriate circuit court * * *.
You stated in your petition that your request to inspect or copy these records was
denied by Judge Ellis on January 10, 1995. Therefore, the requested record is one for which
an elected official (Judge Ellis) has claimed the right to withhold disclosure. Under this
circumstance, the Attorney General may not issue an order requiring disclosure. ORS
192.480. Any further proceedings must be undertaken as described in ORS 192.480 and
192.490. Accordingly, we respectfully deny your petition.
TAB:jpl/JAA02189.W51
c: Hon. James R. Ellis
Circuit Court Judge
606 Multnomah County Courthouse
1021 SW 4th Ave.
Portland, OR 97204
Bradd Swank
Management/Legal Analyst
State Court Administrator's office
Supreme Court Building
Salem, OR 97310
Sincerely,
THOMAS A. BALMER
Deputy Attorney General